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Terms of Service

Last Updated: December 15, 2024

Contents

1. Acceptance of Terms 2. Description of Services 3. User Accounts 4. Acceptable Use 5. Orders and Delivery 6. Payment Terms 7. Intellectual Property 8. Disclaimers 9. Limitation of Liability 10. Indemnification 11. Termination 12. Governing Law 13. Dispute Resolution 14. Amendments 15. Contact Information

1. Acceptance of Terms

Welcome to Beijing Dingsheng Huatang Delivery Service Co., Ltd. These Terms of Service ("Terms") govern your access to and use of our website at dingshenghuatang.com, our mobile applications, and all related services (collectively, the "Services").

By accessing or using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you may not access or use our Services.

You represent that you are at least 13 years of age (or the minimum age required in your jurisdiction) and have the legal capacity to enter into these Terms. If you are under 18, you represent that you have obtained parental or guardian consent.

2. Description of Services

Beijing Dingsheng Huatang Delivery Service Co., Ltd. provides the following services:

2.1 Delivery Services

  • Same-city food delivery from restaurants and food establishments
  • Freight and cargo transportation services
  • Package pickup and delivery
  • On-demand delivery solutions

2.2 Logistics Solutions

  • Warehousing and storage services
  • Packaging and fulfillment services
  • Supply chain management
  • Inventory management

2.3 Mobile Applications

We provide mobile applications for iOS and Android devices available through the Apple App Store and Google Play Store. Our apps enable users to:

  • Order food and delivery services
  • Track deliveries in real-time
  • Manage orders and payments
  • Access account settings and history

The apps may include advertisements from third-party ad networks as described in our Privacy Policy.

2.4 Licensed Services

Certain services are provided under applicable licenses and permits, including food sales and road freight transportation services as permitted by relevant authorities.

3. User Accounts

3.1 Account Registration

To access certain features, you may need to create an account. You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate, current, and complete.

3.2 Account Security

You are responsible for:

  • Maintaining the confidentiality of your login credentials
  • All activities that occur under your account
  • Notifying us immediately of any unauthorized use
  • Using a strong, unique password

3.3 Account Suspension

We reserve the right to suspend or terminate accounts that violate these Terms, engage in fraudulent activity, or pose a risk to our platform or users.

4. Acceptable Use

You agree not to use our Services to:

  • Violate any applicable laws, regulations, or third-party rights
  • Submit false, misleading, or fraudulent orders
  • Interfere with the proper functioning of our platform
  • Attempt unauthorized access to our systems
  • Distribute malware, viruses, or other harmful code
  • Harass, abuse, or harm other users
  • Submit content that is offensive, defamatory, or inappropriate
  • Use automated bots or scripts without authorization
  • Resell or misuse our services
  • Deliver illegal items or substances

5. Orders and Delivery

5.1 Order Placement

When you place an order through our platform:

  • You authorize us to transmit the order to the relevant restaurant or merchant
  • You confirm that all delivery information is accurate and complete
  • You accept responsibility for orders placed from your account

5.2 Order Acceptance

Orders are subject to acceptance by the restaurant/merchant and availability of delivery drivers. We do not guarantee that all orders will be fulfilled.

5.3 Delivery Times

Estimated delivery times are provided for informational purposes only. Actual delivery times may vary based on distance, traffic, weather conditions, and order volume.

5.4 Delivery Address

You must provide a valid delivery address within our service area. We reserve the right to cancel orders with addresses outside our delivery zone.

5.5 Failed Deliveries

If a delivery fails due to incorrect address, recipient unavailability, or other reasons attributable to you, we may charge a fee for redelivery or failed delivery attempts.

6. Payment Terms

6.1 Pricing

Prices for products and services are displayed at the time of order. We reserve the right to change prices without notice. Prices include applicable taxes unless stated otherwise.

6.2 Payment Methods

We accept various payment methods including credit cards, debit cards, digital wallets, and cash on delivery where available. Payment must be received before order processing.

6.3 Billing

You authorize us to charge your selected payment method for all fees associated with your orders. All charges are final and non-refundable except as required by law.

6.4 Refunds

Refund requests may be submitted within 24 hours of delivery for valid reasons such as incorrect items, missing items, or quality issues. Refunds are processed at our discretion.

6.5 Promotions

Promotional offers, discounts, and coupons are subject to specific terms and may expire or be discontinued at our discretion.

7. Intellectual Property

7.1 Our Property

All content, features, and functionality of our Services, including but not limited to text, graphics, logos, icons, images, audio clips, digital downloads, data compilations, and software, are owned by or licensed to Beijing Dingsheng Huatang Delivery Service Co., Ltd. and are protected by copyright, trademark, and other intellectual property laws.

7.2 Trademarks

"Dingsheng Huatang," our logos, and related names and designs are trademarks of Beijing Dingsheng Huatang Delivery Service Co., Ltd. You may not use such trademarks without our prior written permission.

7.3 User Content

You retain ownership of content you submit through our Services. By submitting content, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, and distribute such content for operating our Services.

8. Disclaimers

OUR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

  • Implied warranties of merchantability
  • Implied warranties of fitness for a particular purpose
  • Implied warranties of non-infringement
  • Warranties regarding accuracy, reliability, or completeness
  • Warranties that the Services will be uninterrupted, secure, or error-free

We do not warrant that our Services will meet your specific requirements, be uninterrupted, or completely secure. We are not responsible for any third-party services or content.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, BEIJING DINGSHENG HUATANG DELIVERY SERVICE CO., LTD. SHALL NOT BE LIABLE FOR:

  • Indirect, incidental, special, consequential, or punitive damages
  • Loss of profits, revenue, data, or business opportunities
  • Damages arising from your use of or inability to use our Services
  • Damages resulting from unauthorized access to your account
  • Errors, mistakes, or inaccuracies in content
  • Personal injury or property damage

OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM THESE TERMS OR OUR SERVICES SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

10. Indemnification

You agree to indemnify, defend, and hold harmless Beijing Dingsheng Huatang Delivery Service Co., Ltd., its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising from:

  • Your violation of these Terms
  • Your misuse of our Services
  • Your violation of any third-party rights
  • Your fraudulent or unlawful activity
  • Content you submit through our platform

11. Termination

11.1 Termination by You

You may terminate your account at any time by contacting us or using the account deletion feature in our app. Termination takes effect upon processing.

11.2 Termination by Us

We may terminate or suspend your account immediately, without prior notice, for:

  • Breach of these Terms
  • Fraudulent or illegal activity
  • Non-payment of fees
  • Behavior that harms other users or our business
  • Extended inactivity of your account

11.3 Effect of Termination

Upon termination, your right to use our Services ceases immediately. We may retain certain information as required by law or for legitimate business purposes.

12. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the People's Republic of China, without regard to its conflict of law principles.

For users in the European Union, this shall not affect any mandatory consumer protection rights you may have under the laws of your country of residence.

For users in the United States, the Federal Arbitration Act shall govern the interpretation and enforcement of the arbitration provisions in Section 13.

13. Dispute Resolution

13.1 Informal Resolution

Before initiating any formal dispute resolution, you agree to first contact us at support@dingshenghuatang.com to attempt to resolve any dispute informally.

13.2 Arbitration

Any dispute arising from these Terms or your use of our Services shall be settled by binding arbitration in accordance with the rules of the China International Economic and Trade Arbitration Commission (CIETAC) or, for US users, the American Arbitration Association.

13.3 Class Action Waiver

You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.

13.4 Exceptions

Notwithstanding the above, we may seek injunctive or other equitable relief in any court of competent jurisdiction to protect our intellectual property rights.

14. Amendments

We reserve the right to modify these Terms at any time. We will notify you of material changes by:

  • Posting the updated Terms on our website
  • Updating the "Last Updated" date
  • Sending email notification for significant changes
  • Displaying notice within our applications

Your continued use of our Services after changes take effect constitutes acceptance of the modified Terms.

15. Contact Information

If you have any questions about these Terms, please contact us:

Beijing Dingsheng Huatang Delivery Service Co., Ltd.

Room 415-5309, Town Government Office Building
143 Yong'an Street, Taishitun Town
Miyun District, Beijing 100000
China

Email: support@dingshenghuatang.com
Enterprise: hanchunyu@dingshenghuatang.com
Website: dingshenghuatang.com

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